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(영문) 울산지방법원 2014.12.18 2013가합17212

사해행위취소

Text

1. It was concluded on July 22, 2013 between Nonparty B and the Defendant regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 14, 2012, the Plaintiff: (a) determined 1.350 million won as interest rate fluctuation rate (6.7% per annum); (b) determined 170 million won as interest rate fluctuation rate (9.5%); and (c) respectively (hereinafter “first loan”); (d) determined additional KRW 130 million as interest rate fluctuation rate (9.0%) on May 17, 2012; (c) Nonparty B, the wife of C, as a joint and several surety, concluded a comprehensive collateral guarantee agreement between the Plaintiff and Nonparty 1,750,000 won as at the time of the first loan; and (d) concluded a guarantee agreement between the Plaintiff and Nonparty 2, as at the time of the second loan, with the guarantee limit of KRW 1.69 million as at the rate fluctuation rate (9.0%).

B. On February 20, 2012, the Defendant concluded a sales contract with the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with each of the sales proceeds at KRW 230 million, respectively.

C. On July 22, 2013, B entered into a mortgage agreement with the Defendant as to each of the instant real estate owned by B (hereinafter “each of the instant mortgage agreements”). On the same day, B concluded a mortgage agreement with the Ulsan District Court (No. 73178 and No. 71379, Jul. 22, 2013) with each of the maximum debt amounts of KRW 200 million (hereinafter “the establishment registration of each of the instant mortgages”). D.

At the time of each of the instant mortgages contract, B had an appraisal of the amount of KRW 4.16 million as active property, and multi-unit housing with 10,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000 won as provisional attachment, for F, KRW 12,5,00,00,00,00 for KRW 7,50,00,00 for KRW 1,600 for G, 1.5,000 for KRW 660,00 for I,00 for KRW 20 for J as a small property.